Social Workers Registration Act 2003

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Version as at 12 April 2022

Social Workers Registration Act 2003

Public Act		2003 No 17
Date of assent		9 April 2003
Commencement		see section 2

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Social Development.

1	Title
	Part 1 Preliminary
2	Commencement
3	Purpose
4	Interpretation
4A	Transitional, savings, and related provisions
5	Act binds the Crown
	Part 1A Scopes of practice for social work profession and prescribed qualifications
5A	Board to determine scopes of practice for social work profession
5B	Prescribed qualifications
5C	Provisions relating to sections 5A and 5B
	Part 2 Registration, authorisation to practise within scope of practice, and practising certificates
	Key provisions
6AA	Unregistered person must not claim to be social worker
6AAB	Key requirements for practising as social worker
6	Entitlement of New Zealand-qualified applicants to registration within scope of practice
7	Entitlement of overseas-qualified applicants to registration within scope of practice
	Applications
8	Applications for registration and authorisation to practise within scope of practice of social work profession
8A	Board may authorise individual scope of practice for applicant or change to individual scope of practice for social worker
8B	Contents of authorisation of individual scope of practice
8C	Assessment of social workers practising under supervision
8D	Board may require applicant to take and pass examination or assessment
8E	Board must inform applicant that it proposes to depart from indicated scope of practice or to decline application
8F	Decisions of Board on registration
8G	Decisions of Board on change to individual scope of practice
8H	Board may adopt general conditions
9	Consideration of applications by Board [Repealed]
10	Provisional registration
11	Temporary registration
	Criteria [Repealed]
12	Criteria for full registration [Repealed]
13	Board may recognise practical experience in certain cases
14	Criteria for provisional registration
15	Criteria for temporary registration
16	Applications by certain people previously registered
17	Board to give reasons [Repealed]
	Registration generally [Repealed]
18	Registrar to register successful applicants [Repealed]
19	Registrar to notify unsuccessful applicants [Repealed]
	Certificates of registration
20	Certificates of registration
21	Surrender of certificate of registration
	Limited registration
22	Renewal of limited registration
23	Criteria for renewal of limited registration
24	Cancellation of limited registration
	Practising certificates
25	Practising registered social workers to hold practising certificates [Repealed]
26	Applications for practising certificates
27	Effect of making compliant application
28	Issue of practising certificates
29	Board may adopt general conditions [Repealed]
30	Restrictions on issue of practising certificates
31	Board to consider certain applications
32	Procedure for consideration
33	Decisions of Board as to practising certificates
34	Currency of practising certificates
35	Conditions on practising certificates [Repealed]
35A	Scope of practice must be endorsed on practising certificates
36	Surrender of practising certificates
37	Interim practising certificates
	Part 3 Competence and fitness
	Competence
38	Competence to practise as a social worker
38A	Professional development for practising social workers
38B	Mandatory requirement for employers to report to Board if social worker believed not to be competent
39	Reviews of competence to practise as a social worker
40	Form of review
41	Actions after review of competence
	Competence assessments
42	Competence assessments
43	Copies of competence assessments to be available
44	Registered social workers to complete assessments every 5 years [Repealed]
45	Actions if social worker fails assessment
46	Confidentiality of information
	Fitness to practise and serious misconduct
47	Fitness to practise as a social worker
47A	Mandatory requirement for employers to report serious misconduct allegations to Board
48	Consideration of fitness to practise as a social worker
49	Action if Board considers social worker not fit and proper
50	Board to ask for Police vet, and consider convictions and other information
	Conditions affecting ability to practise as a social worker
51	Reporting of conditions affecting ability to practise as a social worker
52	Power to seek medical advice
53	Report to be put before chairperson
54	Interim suspensions [Repealed]
55	Power to order medical examination
56	Conduct and consequences of examination
57	Individual scope of practice may be changed or registration or practising certificate may be suspended because of mental or physical condition
	Interim suspension of registration or practising certificate or both or change to individual scope of practice while Board considers competence, fitness, or serious misconduct issue
57A	Interim suspension of registration or practising certificate or both or change to individual scope of practice
57B	Notice of direction under section 57A to be given to social worker
58	Revocation of suspension or change to individual scope of practice
	Setting conditions on revocation of suspension of registration or practising certificate
58A	Conditions on revocation of suspension of registration or practising certificate
	Part 4 Discipline
	Complaints
59	Complaints against social workers
60	Registrar to notify Board of complaints
61	Registrar to notify Health and Disability Commissioner of certain complaints
62	Health and Disability Commissioner may notify Board of complaints
63	Notification of convictions
64	Suspension of action while Health and Disability Commissioner investigates
65	Referral of complaints to professional conduct committees
65A	Action to be taken by Board on receipt of notice of conviction
	Professional conduct committees
66	Professional conduct committees
67	Committees may regulate own procedure
68	Committees may appoint legal advisers
68A	Power to call for information or things
68B	Compliance with production notice
69	Information to be given to social worker and complainant
70	Social workers and complainants may request changes in membership of professional conduct committee
71	Determination of complaint or notice of conviction by professional conduct committee
72	Procedure after committee makes determination (other than to take no further action)
72A	Board’s consideration of committee recommendation for resolving complaint
73	Conciliation and mediation
74	Committee may recommend suspension of registration or practising certificate or imposition of conditions
	Procedure and decisions of Tribunal
75	Laying of charge before Tribunal
76	Notice of disciplinary proceedings to be given to social worker
77	Interim suspension of registration or practising certificate or imposition of conditions on practice
78	Social worker may apply for revocation of direction
79	Hearings of Tribunal to be public
80	Special protection for certain witnesses
81	Application for revocation of order under section 79
82	Grounds on which Tribunal may make order
83	Penalties
84	Orders as to restoration of registration
85	Orders of Tribunal
86	Funding
87	Recovery of fines and costs
	Part 5 Appeals
88	Rights of appeal
89	Notice of right of appeal
90	Orders to have effect pending determination of appeal
91	Procedure on appeal
92	Court’s decision final
93	Court may refer matter back for reconsideration
94	Orders as to costs
95	Orders as to publication of names
96	Appeal on question of law
	Part 6 Social Workers Registration Board and Social Workers Complaints and Disciplinary Tribunal
	Social Workers Registration Board
97	Social Workers Registration Board established
98	Powers of Board [Repealed]
99	Functions of Board
100	Obligations of Board in relation to Māori
101	Obtaining views of ethnic and cultural groups
102	Restriction on Ministerial direction
103	Other provisions relating to requirements [Repealed]
104	Review of operation of Act
105	Code of conduct
106	Membership
107	Additional information in annual report
108	Board may set fees
109	Disciplinary levy
110	Further provisions relating to fees and levy
111	Application of income [Repealed]
112	Directions and resolutions to be in writing [Repealed]
113	Other provisions relating to Board
	Social Workers Complaints and Disciplinary Tribunal
114	Social Workers Complaints and Disciplinary Tribunal established
115	Function of Tribunal
116	Membership of Tribunal
117	Suitability of certain people to be appointed
118	Removal of members
119	Hearings by Tribunal
120	Other provisions relating to Tribunal
	Part 7 Register and Registrar
	Register of Social Workers
121	Register of social workers
122	Register to be maintained in parts
123	Information to be registered
124	Certificates of registered information
125	Social workers to notify changes to personal information on Register
126	Changes of name [Repealed]
127	Social worker may ask for registration to be cancelled
128	Entry to be cancelled on death of social worker
129	Revision of Register
130	Restoration of entries
131	Review of registration of overseas qualified person
132	Cancellation of registration on Board’s direction
133	Removal of qualifications, or cancellation of registration, overseas
134	Cancellation or suspension not to affect existing liabilities
135	Board to publish Register
136	Inspection of Register
	Registrar
137	Board to appoint Registrar
138	Registrar to comply with directions of Board
139	Registrar may refuse to act if fine or costs outstanding, or fee not paid
140	Notice of conditions in individual scope of practice
	Part 8 Miscellaneous, transitional, and consequential provisions
	Miscellaneous provisions
141	Certificate of Registrar to be evidence
142	Board may withhold information in certain circumstances
143	Immunity of members and legal advisers of professional conduct committees and other from civil liability to third parties
144	Proceedings not invalid because of defect in appointment
145	Notice and service of documents
146	Publication of orders
147	Regulations
147A	Power to obtain information
147B	Privilege
148	Offences
148A	Failure by employer to report to Board not offence
	Consequential amendments
149	Consequential amendments
	Schedule 1AA Transitional, savings, and related provisions
	Schedule 1 Provisions applying to Social Workers Registration Board
	Schedule 2 Provisions applying to Social Workers Complaints and Disciplinary Tribunal
	Schedule 3 Consequential amendments
	Notes

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